- Do I need a Will?
- What are Executors?
- What is a Grant of Probate?
- Do I need a Solicitor to apply for probate?
- When can my Lasting Power of Attorney be used?
- What happens if I do not have a Power of Attorney and I lose capacity?
Do I need a Will?
If you own property or have children, you should have a Will in place to ensure your loved ones receive your estate and are provided for after once you have passed away. It not only gives peace of mind to you and your family, but when the time comes it also makes a very stressful and emotional situation much easier to deal with.
If you die without a Will, your estate is administered in accordance with the rules of intestacy. The rules of intestacy are list of people in a hierarchical order who can inherit. This does not include unmarried partners.
What are Executors?
Executors are the people appointed in your Will who will be responsible for administering your estate in accordance with the terms of your Will.
Their role and responsibilities include notifying people and companies that you have died, arranging the funeral, valuing the estate, declaring and paying inheritance tax, applying for the Grant of Probate, cashing in assets, transferring and selling property, paying debts and liabilities and distributing the estate to your chosen beneficiaries
What is a Grant of Probate?
A Grant of Probate is a legal document which gives the Executor the legal authority to cash in, sell or transfer assets. The process of obtaining the Grant of Probate can be lengthy and involves the following main stages:
- Investigating the size and nature of the estate
- Notifying financial and investment companies
- Valuing the estate
- Declaring the value to HMRC and paying inheritance tax
- Applying for the Grant of Probate
It is a lengthy process and the timescale to obtain the Grant is a minimum of 16 weeks once the application has been submitted to the Court. It can sometimes take longer if the Probate Registry raises enquiries or if there are complex parts of the estate and/or Will.
There is also a probate fee payable to the probate registry which is currently (December 2025) £300.
Do I need a Solicitor to apply for probate?
An application for a Grant of Probate can be made without a solicitor. Many people nevertheless choose to appoint a solicitor, especially where there are valuable assets in the estate or the tax position is complex.
A straightforward application involving an executor appointed under a valid Will can be done online. However, applications where there is no Will or someone other than the Executor is applying cannot be done online.
As part of the probate application, you will need to declare the value of the estate for inheritance tax and the value of the estate for probate purposes which can be different figures. Our specialist lawyers will know what value to declare for each item. They have experience of dealing with all types of applications and it can therefore offer peace of mind to know that an application is in safe hands and will be dealt with properly.
Some people come to us after giving the probate application a go themselves and getting stuck. We are happy to assist in these situations. We can also advise on an ad hoc basis if you would prefer to retain control of the process yourself.
When can my Lasting Power of Attorney be used?
Unless there are specific instructions in your LPA, they can be used as follows:
- A Property and Finances LPA can be used with your consent or if you become incapacitated.
- A Health and Welfare LPA can only be used if you become incapacitated.
In both instances, the LPA needs to be registered with the Office of the Public Guardian before it can be used. The registration process takes a minimum of 20 weeks, so it is not a quick process and it is better to get one in place sooner rather than later!
It is not compulsory to register your LPA straightaway. However, it is advisable to do so, especially if the LPA needs to be used in an urgent situation (ie to make life sustaining treatment decisions), when you do not wish to wait 20 weeks for your attorneys to be able to make these decisions.
What happens if I do not have a Power of Attorney and I lose capacity?
If there is no LPA/EPA in place and you lose capacity then a family member or friend would need to apply to the Court of Protection to be able to make decisions for you. This process can be lengthy and costly, and there is no guarantee that the person who applies to assist you is the person you would have chosen as an attorney.
Likewise, once appointed as a “Deputy” by the Court of Protection, the Deputy will need submit records of the decisions they have made and how much money they have spent to the Court each year. Therefore, becoming a Deputy is an onerous task, so it’s advisable to have an LPA in place.
